Keyless Ignitions and the Dangers of Carbon Monoxide Poisoning
As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time...more
Our December Insurance Update features a few firsts from state high courts. For the first time: •The Supreme Court of Hawaii addresses reimbursement of defense costs. •The Supreme Court of Illinois addresses coverage for...more
Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more
The return of harsh winter conditions also has provided a tough reminder for homeowners and renters to redouble their fire safety and carbon monoxide precautions. It’s a must to triple-check alarms, indoor space heaters, and...more
Two thousand twenty-one is off to a roaring start in California’s Proposition 65 (“Prop. 65”) world. Prop. 65 plaintiff groups issued two hundred thirty-seven (237) total 60-Day Notices of Violation (“Notices”), with a number...more
The Tennessee Air Pollution Control Board (“Board”) issued a January 26th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Wacker Chemical Corporation (“Wacker”). See Division of Air Pollution Control...more
Twenty-twenty was an unprecedented year of crisis throughout the world with the onset of the COVID-19 pandemic. Stay-at-home orders, quarantines, remote work, and Zoom-school did not slowdown Proposition 65 plaintiffs,...more
Ever considered the convenience of key-less ignition and the potential dangers for leaving your car running? Our cars are better, more quiet and smoother, but they still emit dangerous carbon monoxide fumes when running....more
COVID-19, shelter-in-place orders and California court closures did not slow Proposition 65 plaintiff groups down in March. Plaintiff groups sent more Proposition 65 (“Prop. 65”) Notices of Violations (“Notices”) in March...more
The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships and ocean-going vessels. Since statements made by EPA personnel in...more
Attorneys file carbon monoxide poisoning lawsuit for tenant injured by broken down boilers and inadequate ventilation - A lawsuit was filed this week to protect a tenant of an apartment complex in Michigan who suffered...more
Ambiguity strikes again. While the heavily litigated pollution exclusion is well-known in the insurance world, its progeny—the indoor air exclusion—only recently has started making its way around the block. ...more
This Week in New York – Council Passes New Bills Related to Commercial Spaces, Ballot Proposals Receive Mixed Support from Elected Officials, Jamie Ansorge Named to 40 Under 40 List & Election Day Reception Invitation - ...more
Carbon monoxide (CO) poisoning causes more than 20,000 emergency room visits and 400 deaths each year in the U.S., according to the Centers for Disease Control and Prevention. It is a colorless, odorless, tasteless gas,...more
The market for apps designed to improve health and wellness or even to diagnose and treat medical conditions continues to grow. Last week, the U.S. Food and Drug Administration (“FDA”) approved a new smartphone-based “carbon...more
Over the past few weeks, there have been many key goings-on related to the CPSC and its Commissioners....more
Professionals and practitioners in first party property insurance are likely familiar with the efficient proximate cause rule, which requires an insurance policy to provide coverage where “a covered peril sets in motion a...more
Washington - On April 27, 2017, the Washington Supreme Court ruled that carbon monoxide discharged from a hot water heater was a pollutant “acting as a pollutant” and within the absolute pollution exclusion of the home...more
The Washington Supreme Court just handed a defeat to Washington State liability insurers, holding that ProBuilders Specialty Insurance Company had a duty to defend a carbon monoxide poisoning case, notwithstanding a broad...more
The latest round in the fight over the CGL’s “pollution exclusion” — which well-respected commentator Craig F. Stanovich has called “one of the least understood and most litigated portions” of the CGL — went to the insurance...more
In a case closely watched by tort reformers, a federal appeals court has whittled a $25.5 million punitive damages award to $1.95 million in a carbon monoxide poisoning lawsuit in Wyoming. Reversing much of the lower...more
Lately, we have had many occasions to criticize courts’ analysis of punitive damages issues, so it is nice for a change to be able to report on the Tenth Circuit’s insightful decision in Lompe v. Sunridge Partners. Readers...more
The defendants aren’t in the health care business, but their April 1 victory in the Tenth Circuit has implications for defendants in all lines of business. That’s why the U.S. Chamber of Commerce weighed in with an amicus...more
ADMINISTRATION - LALI’S LAW (HEROIN CRISIS ACT) - Public Act 99-0480 - Effective Date: September 9, 2015 - School districts, public schools, or nonpublic schools may now authorize a school nurse or trained...more
This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy. Kosnoski, et al. v....more